PUTRAJAYA, May 21 — The Court of Appeal has upheld the 30 years’ jail sentence imposed on three men convicted of trafficking in 4,030.7g of ketamine.
The three-judge panel led by Datuk Noorin Badaruddin, together with Justices Datuk Mohd Radzi Abdul Hamid and Dean Wayne Daly, unanimously dismissed the appeals brought by Ha How Kok, Hwong Nai Chong, and Yeap Hock Guan against both their convictions and sentences.
The court also upheld 12 strokes of the cane imposed on Ha and Hwong. Yeap was exempted from the caning sentence as he is over 50 years old.
In delivering the decision, Justice Noorin said the conduct of the appellants before, during, and after their arrest constituted compelling circumstances, evidence of guilty knowledge and common intention.
The trial judge had correctly found that the act of transferring and carrying the dangerous drug fell within the statutory definition of trafficking under Section 2 of the Dangerous Drugs Act 1952.
She said the evidence was not limited to mere passive possession, adding that the coordinated transfer of a substantial quantity of ketamine, namely 4,030.7g, clearly supported the inference of trafficking activity.
“We find that the prosecution had adduced sufficient direct evidence establishing actual possession, custody and trafficking activities involving all three appellants. No prejudice had been occasioned to the defence,” Justice Noorin said.
On January 17 last year, the High Court found the trio guilty of trafficking the drugs and sentenced each of them to 30 years in prison, to take effect from June 23, 2020, the date of their arrest.
Ha, 27 and Hwong, 30, were also sentenced to 12 strokes of the cane, while Yeap, 52, was spared caning due to his age. The offence took place at a roadside along Jalan Kenari, in front of a restaurant in Bandar Puchong Jaya, Selangor, at 3.40pm on June 23, 2020.
Based on the facts of the case and information received, a police team conducted surveillance at the location. During the operation, the raiding officer saw a car stopping in front of a restaurant and saw two men — later identified as the first and second accused — approach the vehicle driven by the third accused.
The raiding officer saw the third accused hand over a bag to the first accused before instructing the police team to block the car's movement.
During the interception, the third accused allegedly attempted to flee by reversing the car. At the same time, the raiding officer approached the first and second accused and identified himself as a police officer. The first accused then dropped the bag and fled together with the second accused, but both men were later apprehended.
The third accused was then ordered to exit the vehicle. The raiding officer subsequently inspected the bag and discovered two plastic packages containing transparent plastic packets suspected to be ketamine drugs.
At the proceeding, lawyer Jasmine Cheong represented Ha, Counsel Joseph Tan represented Hwong, and Counsel S. Jayananda Rao represented Yeap. Deputy Public Prosecutor Mohd Amril Johari appeared for the prosecution.
